Abandoned Assets: A Property Manager’s Legal Guide to Removing Unauthorized Vehicles in Texas

 

For property managers in South Texas, an abandoned vehicle is more than just an eyesore—it’s a liability. Whether it’s a car left behind by an evicted tenant or a non-functioning "junk" vehicle taking up premium parking in an apartment complex, the process for removal is strictly governed by the Texas Occupations Code (Chapter 2308) and the Texas Property Code.

Handling a "non-consent tow" incorrectly can lead to civil penalties, including $1,000 plus three times the towing fees in damages. To protect your property and your bottom line, follow this compliance-focused roadmap.

1. Define "Abandoned" Under Texas Law

In Texas, a vehicle on private property is generally considered abandoned if it has remained without the consent of the owner or person in charge for more than 48 hours. However, before you hook it up, you must verify the type of vehicle:

  • Unauthorized Vehicles: Parked in a restricted area (e.g., a fire lane or a spot assigned to another tenant).

  • Junked Vehicles: Self-propelled, inoperable, and lacking valid registration or inspection stickers for more than 30 days.

2. The Power of "Proper Signage"

Under the Texas Towing and Booting Act, you cannot authorize a non-consent tow from a parking facility unless specific signage is visible. These signs must:

  • Be at least 18" x 24" in size.

  • Contain a "Towing/Booting Symbol" (a car with a hook).

  • State "Unauthorized Vehicles Will Be Towed at Owner’s or Operator’s Expense."

  • Provide a 24-hour phone number for the storage facility where the car will be taken.

3. Handling Tenant Abandonment after Eviction

One of the trickiest scenarios occurs when a tenant is evicted but leaves a vehicle in the complex parking lot. While the Texas Property Code § 92.0081 allows landlords to remove "abandoned property," vehicles fall into a specialized category.

If the vehicle is blocking access or is inoperable, you have the right to intervene. However, documenting the condition of the vehicle and the length of time it has been stationary is vital to defend against "wrongful towing" claims in Justice Court.

Choosing a Compliance Partner

Removing a vehicle isn't just about the tow; it’s about the paper trail. Professional recovery firms provide the notarized affidavits and storage facility notifications required by the state, shielding property managers from unnecessary litigation.

When you need to clear your lot and restore order, partnering with a licensed provider for towing and recovery ensures the process is handled discreetly, lawfully, and safely.

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